Legislation Interpretation Act 2021

This section applies if an Act or a legislative instrument authorises a person or body to delegate a function.

A delegation may be made subject to conditions or limitations specified by the delegator and may be revoked at any time by the delegator.

Unless the Act or the legislative instrument expressly provides to the contrary, a delegation of the power of delegation cannot be made (and any purported delegation of all of the functions of the delegator will be read as if the delegation referred to all of the functions of the delegator other than the power of delegation).

If a function, when exercised by a delegator, is dependent on the delegator's opinion, belief or state of mind in relation to a matter, the function, when exercised by a delegate, is dependent on the delegate's opinion, belief or state of mind in relation to that matter.

A function that has been delegated, when exercised by a delegate, will be taken to have been exercised by the delegator.

A function that has been delegated may, despite the delegation, be exercised by the delegator.

The delegator may delegate the function to a person or body by name or by reference to the title of an office held by a person or body.

A delegation made to the holder of a particular office will be taken to be made to the person for the time being holding or performing the duties of the office.

A delegation of all the functions of a person or body under an Act or a legislative instrument, or a provision of an Act or a legislative instrument, includes any additional function given to the delegator under the Act, instrument or provision by an amendment made to it after the delegation has taken effect.

If a function of a person or body under an Act or a legislative instrument is delegated and, after the delegation has taken effect, the scope of that function is altered by an amendment made to the

Act or the instrument, the delegation is of the function as so altered.

A delegation made by, or to, the holder of a particular office does not cease to have effect merely because the person who held the office when the function was delegated ceases to do so.

The validity of a delegation is not affected by a grammatical error, spelling error, error of punctuation, formatting error or other minor error if the scope and meaning of the delegation is readily apparent despite the error.

In this section—

delegate includes sub‑delegate.